Yeo Jia Wei, the former wealth planner from BSI Bank linked to the widening investigations on 1Malaysia Development Berhad (1MDB), has been slapped with two additional charges in court on May 24.

The 33-year-old, who has been in remand for 38 days, now faces a total of nine charges. The court is now reviewing if he will be granted bail, and will make its decision known on Thursday.

Both the eighth and ninth charge alleged that Yeo, via a vehicle owned by him called Bridgerock Investment Inc, cheated his former employer back in 2013.

Second solicitor general Kwek Mean Luck, in arguing that Yeo should not be granted bail, stressed that Yeo had tried tampering with witnesses. Specifically, on March 27 this year, Yeo met Goh Sze-Wei Samuel and Kevin Michael Swampillai, Yeo's former manager at BSI, that the time had come to "collaborate" stories to provide a "consistent response" to Commercial Affairs Department (CAD) if questioned.

Harry Elias, founder of the law firm bearing his name, made a rare appearance in court today. He stood in for Philip Fong, who was Yeo's lawyer. Fong was overseas and couldn't make it in court today.

He described the 38 days in which Yeo has been in remand as "simply unacceptable", and offered suggestions that Yeo be allowed bail at an amount ranging from $200,000 to $400,000. He also suggested that Yeo to report to the investigators daily and that he is not a flight risk.

"I've not much experience in criminal law, and not much experience in bailing," says the 79-year-old who has been in practice since 1965. "This is quite possibly the single longest an accused person has been remanded."

Elias questioned the purpose of such a lengthy period of remand. "It is only to satisfy themselves that they call the shots," he said, referring to the investigators.

Furthermore, the defence team has only thus far met Yeo for just over an hour. Given the complexity of the case, Elias described that as akin to playing $1 million poker game with only 10 cents in the pocket. "That's not fair to the system, the accused, the lawyers and the court."

Elias also took issue with the way Yeo has been described by the prosecution — in tampering with witnesses — as "ever-rampaging".

In response, Kwek said Elias has "overly dramatised" the risks that Yeo is posing if offered bail. He stressed that Yeo has shown no compunction in perverting justice, having contacted no less than five witnesses on various occasions.

For example, after Yak Yew Chee, the former BSI senior private banker was found to be involved earlier in February, Yeo sent Yak via Telegram, the encrypted messaging system, messages such as: "Why did you do such a stupid thing?"; "What have you gained. You have gained nothing but lose so much"; "Anyway they are very unhappy with you."

"They", according to Kwek, are believed to be referring to the BSI clients. "The above communications unmistakably show that the accused has no compunctions perverting the course of justice. He was attempting to influence key witnesses to investigations even before he was formally arrested by the authorities," added Kwek.

Kwek also referred to an announcement by the Monetary Authority of Singapore (MAS) on May 24 to shut down BSI here for "serious breaches of anti-money laundering requirements, poor management oversight of the bank's operations, and gross misconduct by some of the bank's staff."

That includes Yeo, Yak, and four others: Hans Peter Brunner, the former CEO; Raj Sriram, the former Deputy CEO; Kevin Michael Swampillai, Head of Wealth Management Services and one of whom was named contacted by Yeo; and Seah Yew Foong Yvonne, former Senior Private Banker.

In addition, MAS is already underway in "conducting supervisory reviews of several other financial institutions and bank accounts through which suspicious and unusual transactions have taken place. MAS will not hesitate to take actions against these institutions if they are found to have breached regulations or fallen short of expectations," the regulator added.

In its statement today, 1MDB "has not been contacted by any foreign lawful authority on matters relating to the company. 1MDB remains committed to fully cooperating" with them.

"The Prosecution is working with the CAD to review the facts presented by MAS. The facts indicate that the accused has played a central part in the activities that has led to the response of the MAS. His deplorable conduct and troubling attempts to tamper with witnesses indicate that releasing him on bail will jeopardise not only CAD's on-going investigations but also the investigations into the other individuals named in the MAS media release," said Kwek.

Kwek acknowledged that the investigations are complex. In seeking denial of bail, Kwek said that the prosecution is ready to ask for standalone proceedings, by getting trial on-going for only for certain charges, specifically on the 3rd and 5th charges of tampering with witnesses.

"This is a very serious breach in our financial sector. The reason why we are taking these unusual steps, simply because the accused has taken unusual steps," he said.

The Court of Appeal today dismissed an appeal by Umno-owned newspaperUtusan Malaysiawhich was ordered to pay RM200,000 to former opposition leader Anwar Ibrahim over a defamation suit.

However, the court ordered the interest to be charged from the date of judgment and not from the date of filing.

In his decision, Justice Prasad Sandosham said: “We are not with you (Utusan‘s) counsel.”

He also orderedUtusanto pay RM5,000 costs.

The other judges with him are Justice Zabariah Mohd Yusof and Justice Asmabi Mohamad.

Anwar won his suit againstUtusanand its chief editor Abdul Aziz Ishak in 2013, following the daily’s publication, citing his interview with the BBC in 2012, that he supported lesbians, gays, transexuals and bisexuals.

KUALA LUMPUR: 1Malaysia Development Bhd (1MDB) today held an update call for the holders of its US dollar denominated bond following the default on the US$1.75 billion (RM7.15 billion) 1MDB Energy (Langat) Ltd papers (Langat Notes).

“During the call 1MDB provided a current update on the status of the bonds and outlined the next steps of the process.

“It discussed the background to 1MDB’s decision not to make the interest payment on the Langat Notes and updated (the bondholders) on the progress 1MDB has made on its rationalisation plan,” 1MDB said in a statement.

The troubled state investment fund said last month that a US$50 million interest payment due to holders of the Langat Notes was not made due to a dispute with International Petroleum Investment Co (IPIC).

The dispute between the Abu Dhabi sovereign fund and 1MDB came about after at least US$3.5 billion that 1MDB was supposed to pay to IPIC’s subsidiary Aabar Investments PJS had “gone missing”.

The money was instead diverted to a British Virgin Islands company bearing a similar name to Aabar Investments PJS, but having no relation to IPIC.

1MDB said today that it had reiterated at the update call of its commitment to working openly with IPIC to resolve the dispute.

“1MDB is (also) committed to an open dialogue with (the bondholders) throughout this process and there will be further update calls held in due course,” it added.

As mounting allegations of corruption continue to engulf The Wolf of Wall Street producer Red Granite, figures from the Malaysian film industry have a message for the company’s Hollywood collaborators: Please, stop.

The morning after Woody Allen’s Cafe Society opened the Cannes Film Festival Wednesday, The Wall Street Journal published the latest in a series of reports implicating Red Granite in an alleged corruption scandal of historic proportions. As much as $7 billion is estimated to have gone missing from a state fund set up in 2009 to benefit the Malaysian people.

Founded by Riza Aziz, the stepson of Malaysian Prime Minister Najib Razak, Red Granite is alleged to have received $238 million of siphoned state funds, some of which it then used to bankroll Martin Scorsese’s Wolf, starring Leonardo DiCaprio.

A globe-spanning FBI investigation into the alleged misappropriation is ongoing — as are Red Granite’s glamorous film business activities. The company is stationed in Cannes aboard a rented luxury yacht named Indulgence of Poole, from which it has been holding sales meetings for its next film, Papillon, starring Charlie Hunnam.

Red Granite has said it is cooperating with all inquiries and “to its knowledge, none of the funding received by Red Granite was in any way irregular or illegitimate."

The Hollywood Reporter reached out to several prominent figures from the Malaysia film community to get their thoughts on the Red Granite situation.

Prominent Malaysian filmmaker and political activist Hishamuddin Rais, speaking to THR by phone from Kuala Lumpur, said Hollywood directors and producers should “be more concerned” where the money invested in their films was coming from, saying there was a “process of money laundering” going on.

On May 16, Rais stood trial in Kuala Lumpur on sedition charges stemming from a speech he gave criticizing Malaysia’s controversial 2013 elections, which restored Prime Minister Razak’s right-wing Barisan Nasional party to power. Public discourse in Malaysia is closely monitored and controlled; the country ranks 148th of 182 countries — behind nations such as Afghanistan and Myanmar — in Reporters Without Borders’ Press Freedom Index.

“Having seen him rub shoulders with the likes of Leonardo DiCaprio is exciting to some extent,” said a veteran Malaysian film buyer in Cannes when asked about Aziz. “But we do ask where the hell he got his money. No one really knows yet what happened, but the links appear to be there and there are questions marks all over the place.” (The individual requested not to be named; when THR asked whether such statements could jeopardize the individual’s personal safety, the person replied: “Are you kidding me? If I shared [this news] on Facebook it would probably go viral in Malaysia and I wouldn’t be able to go home.”)

Contacted by phone in Kuala Lumpur, an influential Malaysian producer urged Hollywood companies to consider what their ongoing cooperation with Red Granite means in the bigger picture.

“Instead of asking Malaysians how they feel about this news, I would like to ask film producers there how they feel about it,” the producer said. “As long as Hollywood continues to work with them, they will retain an air of invincibility here — it sends a signal. It tells people that nobody cares and they will just get away with it.”

Nurul Izzah, a sitting member of Malaysia’s parliament and the daughter of jailed opposition leader Anwar Ibrahim, a former deputy prime minister, added: “I can't believe Hollywood can justify and validate these ongoing allegations by shamelessly supporting [Red Granite], whether by investing in [their] movies or buying rights.”

Red Granite’s highest-profile collaborator to date, DiCaprio, has yet to publicly comment on the scandal. According to a source in Cannes (who didn’t want to be named), Red Granite has told buyers privately that DiCaprio is attached to star in a forthcoming George Washington biopic, The General, which the company is developing. Red Granite has denied that he is involved.

Regardless, voices in Malaysia have a message for the star. “Before you go into any project, you must also, Mr. Leonardo DiCaprio, make sure you know where the money is coming from,” Rais told THR on the eve of his trial.

“If he is speaking to the United Nations on global warming, he should also be speaking about [this], because global warming is interconnected with corruption in third-world countries,” he added.

THR reached out to DiCaprio’s publicist.

The full statement from Red Granite reads:

“Red Granite has received hundreds of millions of dollars in financings over the last six years from a variety of sources, including top-tier U.S. commercial and investment banks. During this time, Red Granite's films have generated close to $1 billion in worldwide box office receipts. To its knowledge, none of the funding received by Red Granite was in any way irregular or illegitimate. Red Granite is cooperating fully with all inquiries and is confident that when the facts come out, it will be clear that neither Riza Aziz nor Red Granite has done anything wrong. In the meantime, Mr. Aziz and Red Granite will continue moving forward with exciting new projects.”

Jailed Malaysian leader Anwar Ibrahim’s family has lodged an appeal against the prison director’s decision to deny physical contact during jail visits.

Anwar, his wife Wan Azizah Wan Ismail, their four children and four grandchildren filed the application on Wednesday for a judicial review of the decision by Sungai Buloh prison authorities.

The family named Sungai Buloh prison director Commissioner-General of Prisons and Home Minister as respondents, the court papers showed.

The application filed by counsel N Surendran and Latheefa Koya seeks an order quashing the prison director’s decision that bans physical contact between Anwar and his family members.

Anwar claimed that under the prison rules he was allowed visits from his family once in every three weeks and the communication with them was done via a telephone. “During these visits, my family is made to sit across from me. We are separated by a glass partition. This partition allows no physical contact between myself and my family,” said Anwar.

Anwar and his family members have said that the denial of physical contact was unnecessary, cruel and oppressive.

Anwar is serving a five years’ jail sentence after he was found guilty of sodomising his former aide, Mohd Saiful Bukhari Azlan.

I am satisfied with the findings that the funds were not a form of graft or bribery. There was no reason given as to why the donation was made to Prime Minister Najib – that is between him and the Saudi [royal] family."

These are the words of Malaysia's attorney general, Mohamed Apandi Ali, at a press conference on 26 January. Many Malaysians were outraged by his barefaced exoneration of Malaysia's prime minister, Najib Razak, of any wrongdoing in the 1MDB corruption scandal that has gripped the nation.

Abdul Gani Patail, Apandi's predecessor, was reportedly on the cusp of filing charges against Najib in July 2015 after the revelation that nearly $700m had been deposited in one of the PM's personal bank accounts just before the 2013 national elections. But then Patail abruptly retired for "health reasons" and Apandi was appointed. Official enquiries into Najib's financial arrangements soon ground to a halt.

Nonetheless, Apandi's decision over Najib's funds did not deter multiple investigations from outside Malaysia into Najib and financial dealings linked to the government, not least by the US Department of Justice and prosecutors in Luxembourg and France. Back at home, meanwhile, Apandi himself is now the target of the Malaysian Bar Association, the organisation that represents the country's lawyers in Peninsular Malaysia.

On 19 March, the bar association overwhelmingly passed a motion calling on Apandi to resign immediately "for the good of Malaysia, to restore public confidence and perception of the rule of law, in particular the administration of criminal justice in Malaysia". The body also called for Azailiza binti Mohd Ahad, the solicitor general and Apandi's deputy, to assume the role of public prosecutor in cases involving Najib and companies connected to him.

Apandi was once a treasurer for the United Malays National Organisation (UMNO), the largest party in the country's ruling coalition, in Kelantan state and stood as a UMNO parliamentary candidate in 1990. Not only that, in 2013, he was the lead judge in a panel that acquitted two senior police officers of the murder of Mongolian model Altantuya Shaariibuu, the lover of one of Najib's closest advisors. When Apandi was a judge, the jailed former opposition leader Anwar Ibrahim applied for him to be dismissed from hearing his case due to his UMNO connections.

However, under Malaysia's legal system, the Agong – the constitutional monarch – appoints the attorney general, under advice from the prime minister. Therefore, the appointment does not require the confidence of the public or even the judiciary, merely the backing of the prime minister. Apandi serves as both public prosecutor and attorney general, leaving critics such as Transparency International Malaysia and the bar to call for a separation of powers and for greater transparency.

"The motion is looking at how we can reform the attorney general's position, because in the constitution itself [he] has certain differing roles," said Charles Hector Fernandez, a member of the Malaysian bar and one of the instigators of the motion.

"This matter is of critical public interest," wrote Steven Thiru, the bar's president, in a 15 March statement. "There should be no usurpation of the judicial powers of the courts, as it is for the courts, not the attorney general, to decide on the innocence or guilt of a suspect in respect of any alleged crime."

The bar's motion has something of a 'do or die' ring to it, according to James Chin, director of the Asia Institute at the University of Tasmania. "The bar council is the last independent institution in Malaysia," he said. "Moreover, as the body that represents lawyers in Malaysia, they have the standing to take a stand over the attorney general's behaviour."

And there is good reason for them to be pushing for change, said Eric Paulsen, executive director of Lawyers for Liberty, otherwise, "it looks like we're going by the laws of the jungle".

Paulsen believes, however, it is highly unlikely Apandi will step down. The only thing that might change this is if a royal personage were to speak out, "because royalty still command some respect".

Political cartoonist Zunar is now the recipient of the 2016 Cartooning for Peace Award. The award-winning cartoonist received his latest award at a ceremony held at the Palais Eynard in Geneva, Switzerland, yesterday.

Apart from Zunar, Kenyan cartoonist Gado was also honoured with the award and the works of both cartoonists are exhibited at the Lac Leman in Geneva.

Also at the ceremony were Swiss Foundation Cartooning for Peace honorary president Kofi Annan, who is a former United Nations secretary-general, and Geneva's municipal councillor Guillaume Barazzone.

Commenting on the award, Zunar said the prize has given him 'new strength' to continue his fight against Malaysia's 'corrupt and repressive regime'.

"Human rights and freedom of expression in Malaysia are in dire straits," said Zunar in a statement yesterday.

Talent, he added, is not a gift but a responsibility. Therefore, it is his duty as a cartoonist to use art as a weapon to fight unjust rulers.

"Fear and intimidation are the potent tools being used by the regime to scare the people. I believe that strokes of art can lead the people to cross the line of fear.

"I also strongly believe that, when facing a moral crisis, there is no room to grumble in silence. We have to stand up and cry our voice out loud and clear.

"Neutrality is escapism for those who live in a comfort zone. How can I be neutral, even my pen has a stand," said Zunar, who vowed that he would keep fighting until his last drop of ink.

Several of his works banned or confiscated

Zunar, whose real name is Zulkiflee Anwar Ulhaque, has had several of his comic books critical of the government banned and confiscated.

His cartoons also appear in Malaysiakini’s Cartoonkini.

Zunar was detained by police twice, in 2010 and 2015, on grounds of sedition.

He is currently facing nine sedition charges and up to 43 years in jail for his critical comments over the jailing of then opposition leader Anwar Ibrahim in February last year.

Apart from this latest award, Zunar was the recipient of the Human Rights Watch Hellman/Hammett Award for 2011 and 2015, and he also won last year's International Press Freedom Award, given by the New York-based Committee to Protect Journalists (CPJ).

Rabu, 4 Mei 2016

KUALA LUMPUR — Ms Nurul Izzah ­Anwar, an opposition Member of the Malaysian Parliament, flew to the ­island of Borneo earlier this week to participate in a local election campaign. She did not stay long. Immigration officials in Sarawak, a semi-autonomous state with its own border controls, refused to let her ­enter on Monday (May 2) . Ms Nurul Izzah took the next plane home.

"I am participating in legitimate political activity," she said on Tuesday. "But I found myself immediately deported as soon as I arrived."

The Sarawak vote on Saturday is the first test of Prime Minister ­Najib Razak's popularity — and of his willingness to compete in fair elections — since disclosures that almost US$700 million (S$950 million) had been mysteriously deposited in his personal bank accounts.

Sarawak is set apart from other states in Peninsula ­Malaysia by its semi-autonomous status. It will hold elections for state and federal offices two years ­before the rest of the nation.

For Malaysian opposition leaders, restrictions on campaigning there are part of the frustration of going up against Mr Najib, who heads Malaysia's formidable governing coalition.

Ms Nurul Izzah is one of about two dozen opposition leaders and activists who have been refused entry into Sarawak this year in keeping with a ban on "unsavoury elements" imposed by state Chief Minister Adenan Satem. Mr Najib and Mr Adenan are allies and appeared there together last week to kick off the campaign.

Mr Najib had been campaigning in Sarawak during the past week in the hope that his candidates will win by a large margin. On Wednesday, he chaired a Cabinet meeting in Sarawak's capital. After the meeting, Mr Najib and his deputy, Mr Ahmad Zahid Hamidi, ­announced that the federal government had committed RM3.5 billion (S$1.2 billion) for various projects in the state.

The Prime Minister noted that it was not out of the ordinary to hold Cabinet meetings outside of Putrajaya. He also told Sarawakians to be mindful of the ­opposition rhetoric during the hustings.

"The people must think and reason, so that they can differentiate ­between what can be accepted and can be ­implemented from the political rhetorics of the opposition," he said.

Since the 1990s, Sarawak has banned political leaders and activists it deems undesirable from entering, but the deportations have increased considerably this year, according to a list compiled by the online news site Malaysiakini.

Asked about the ban last month, Mr Adenan said: "I have to protect the interests of Sarawak from unsavoury elements, political or otherwise. That is my job."

He added that the deportees could return as tourists after the polls. "They are at liberty to come to Sarawak any time after the election," he said, with a laugh.

"Mr Najib has been the subject of investigations spanning five countries," said Ms Nurul Izzah. "If anyone were to be barred, it should ­actually be him." Ms Nurul Izzah is the daughter of former opposition leader ­Anwar Ibrahim, who is serving a five-year sentence for sodomy.

In the last national election, in 2013, opposition parties won a majority of the popular vote but ended up with far fewer seats in Parliament. That is because the district lines favour ­rural voters, who generally support Mr ­Najib's coalition.

In beginning the campaign last week, Mr Najib called the Sarawak election a "precursor" to the next General Election, scheduled for 2018. A victory this week, he said, according to The Malay Mail Online, "will certainly form a very strong ­momentum for us moving forward"

Selasa, 3 Mei 2016

The Second International Conference of the World Forum for Muslim Democrats addressed critical issues facing the Muslim world, from the challenges of violence and extremism and refugee crises to Islamophobia and challenges to improve social justice and strengthen the rule of law. Bringing together experts and practitioners from Southeast Asia, Turkey, the Middle East and Europe, the participants offered diverse perspectives of the causes and solutions to these issues, calling for greater engagement, dialogue and participation by Muslim democrats in formulating and implementing solutions. The rich discussion over two days ranged in scope, but stressed three core themes:1) the central role that democratic principles and norms in areas such as pluralism, justice and inclusion play in underling sustainable solutions to the challenges in the Muslim world; 2) the vital leadership role that Muslim democrats must play in addressing contemporary challenges, from controlling the narrative about Islam and deepening dialogue to taking more active role in strengthening legal frameworks on refugee issues and in other areas of social justice. 3) Finally, participants highlighted the need adopt new approaches to existing problems, be it moving away from primary focus on military solutions to ISIS to a more inclusive approach to refugee issues that brings in civil society actors. These discussions contributed to important ongoing debates in the Muslim world.